REGRESSION 0.4.1RC - Diablo2 fails right after startup with Error 22

affected is 0.4.1RC & trunk r71281
VirtualBox4.3.36 with ros default video driver (no guest additions)

happens as well with DirectDraw and with Glide wrapper...

Directly after start of game (when switching resolutions):
"Error 22: A critical error has occured while initializing DirectDraw"
process auto-closes then

D2 was never easy, we had in 0.4.0 auto-minimize back to taskbar on startup, but we die now even earlier...